13/07/2022 11:38

New regulations on discipline of Party members who violate population and marriage policies in Vietnam

New regulations on discipline of Party members who violate population and marriage policies in Vietnam

On July 6, 2022, the Central Executive Committee of the Communist Party of Vietnam issued Regulation 69-QD-TW on discipline of violated Party organizations and Party members.

Compared with the previous regulations in Vietnam, Regulation 69-QD-TW has some new points as follows:

Previously, Article 27 of Regulation 102/QD-TW stipulates party members who violated the population and family planning policy as follows:

"1- A Party member who violates one of the following circumstances, causing less serious consequences, or commits a violation in the case of the birth of a third child (unless otherwise provided for by law), shall be disciplined in the form of a reprimand:

a) Obstructing or coercing family planning; engaging in testing and diagnostic activities to determine the fetus's sex in violation of regulations

b) Declaring or applying for dishonest certification or assessment of spouses' and children's health status in order to comply with regulations or avoid prosecution for violations of population and planning policies; family planning

2- In case the violation has been disciplined according to the provisions of Clause 1 of this Article but the violation repeats or commits the first violation, causing serious consequences, or the violation is committed in the case of giving birth to a fourth child (except for cases otherwise prescribed by law), the discipline shall be in the form of warning or dismissal (if there is a position).

3-In the case of violations specified in Clauses 1 and 2 of this Article causing very serious consequences or violations in the case of giving birth to the fifth or more children or in the following cases, the discipline shall be in the form of expulsion:

Lying about giving birth or adopting a child that is actually a biological child in order to intentionally give birth to more children more than what precribed in the regulations."

Thus, Regulation 102/QD-TW specifically stipulates that Party members who violate the population and family planning policy by giving birth to the third child are disciplined in the form of reprimand.

Regulation 69-QD-TW has no longer clearly listed "giving birth to a third child" as one of the violations against population policy regulations, specifically:

"Article 52. Violations against regulations on population policy

1. Party members who commit one of the following violations, causing less serious consequences, shall be disciplined in the form of reprimand:

a) Obstructing or coercing the implementation of family planning; participating in illegal testing and diagnostic activities to determine the sex of the fetus.

b) Population policy violation

2. If a violation has been disciplined according to Clause 1 of this Article but recidivism or the first violation causes serious consequences or violates one of the following cases, the discipline shall be in the form of a warning or dismissal (if he/she holds a position):

a) Spreading, disseminating, or promulgating documents with content contrary to the nation's population policy and moral tradition.

b) Lying about giving birth to or adopting a biological child in order to give birth to another child out of wedlock or in violation of regulations.

3. In case of violation of Clauses 1 and 2 of this Article, causing very serious consequences, the discipline shall be in the form of expulsion."

However, according to Resolution 21-NQ/TW of 2017 on population work in the new situation, each party member must be exemplary, pioneer in implementing the policy on population work, only having 2 children is enough, and continue to advocate and propagate this undertaking and policy, specifically:

"1- Strengthening the leadership and direction of Party committees and authorities at all levels

Upholding the pioneering, exemplary character of each cadre and party member in implementing guidelines and policies on population work, especially having 2 children, focusing on raising good children, happy families, and creating pervasive power throughout society.

2- Innovating the content of propaganda and mobilizing the population work

Continue to push for every couple to have two children, ensuring their rights and responsibilities in giving birth and raising children. Focus on campaigning to have fewer children in areas with high fertility rates; maintaining results where replacement fertility has been achieved; giving birth to two children in areas with low fertility. "

Thus, Regulation 69-QD-TW, although it does not clearly list the case of "giving birth to a third child" but instead "violating the population policy", the population policy states that "every couple should have 2 children," so giving birth to 3, 4, and 5 children is still a violation and is disciplined in the form of reprimand.

Regarding the Marriage and Family Regulations:

Clause 1, Article 51 of Regulation 69-QD-TW provides as follows:

"first. Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:

a) Getting in the way of a marriage, divorce, or child marriage.

b) Ignoring the obligation to care for and raise children, and abusing minor children's labor power.

c) Refraining the person who does not directly raise the child from visiting the child after the divorce (except in cases where the parent has limited visitation rights based on a court decision).

d) Ignoring or failing to fulfill the guardianship obligation after completing the procedures for guardianship recognition at a competent agency in accordance with the law.

d) Correcting, falsifying, and forging documents for adoption registration.

e) not registered for marriage or married but still living with someone else, such as a husband or wife.

g) Violating the law on surrogacy. "

Compared with the old regulations, Regulation 69-QD-TW adds the case "not registered for marriage or currently married but still living with other people such as husband and wife." Accordingly, Party members who act without marriage registration or are married but still live with other people as husband and wife, if causing less serious consequences, will be disciplined in the form of reprimand. In the event of being disciplined or committing a first violation, causing serious consequences, the discipline shall be in the form of warning or dismissal (if there is a position).

Regulation 69-QD-TW takes effect from the date of signing and replaces Regulation 07-QDi/TW and Regulation 102-QD/TW.

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